Discrimination and the Future of Marriage - Coursework Example

The Defense of Marriage Act is a controversial act in many ways because it defines the couple as a heterogeneous couple, leaving the discussion of same-sex couple out of the window. The Supreme Court did adhere to the Fifth Amendment as this amendment ensures that to right to have a trail. The DOMA does not violate fourth amendment in this case because there is no double jeopardy and no self-incrimination. It does not violate any citizenship rights that are outlined explicitly in fourth amendment. Hence, the Supreme Court made the correct decision in this matter. For instance, Miranda vs Arizona was something that proved to be in violation of fourth amendment.
As far as the 14th amendment is concerned, In addition, the Fourteenth Amendment guarantees equal protection under the law while the Fifteenth Amendment declines racial discrimination during elections. However one must wonder, even with all the legislations enacted, discrimination continues to be the focal point in society. The first section is violated by DOMA because it induces “abridge the privileges of immunities of the citizens.” Since DOMA strictly confines a heterogeneous marriage, it goes against the fourteenth amendment. The fourteenth amendment allows individuals to have equal rights amendment, but the Supreme Court took this approach very subjectively. The 14th amendment is explicit that, “Congress shall have power to enforce, by appropriate legislation, the provisions of this article. At this point, the congress exercises its full power by ensuring that marriages are heterogeneous. Read More